Supreme Court Gives LANDMARK Order on Divorce, 6 Months Waiting Period No Long Mandatory
In a stunning and groundbreaking ruling, the Supreme Court of India has shaken up the country’s divorce laws. The court has flexed its muscles, holding that it has the power to grant divorce on the grounds of “irretrievable breakdown” of marriage by invoking its special powers under Article 32 of the Constitution.
The court has decided that it could waive the mandatory six-month waiting period for couples seeking divorce by mutual consent, subject to certain conditions, and that such an exercise of power “will not contravene the principles of public policy”.
This move comes just days after the court held that irretrievable breakdown of a marriage can be read as amounting to cruelty under the Hindu Marriage Act, 1955, and can be a ground for divorce.
While parties can approach the family courts for divorce proceedings, this process is often time-consuming and lengthy, owing to a large number of similar cases pending before such courts. However, if the parties wish to opt for a more expeditious divorce, they can now approach the Supreme Court under Article 142 for the dissolution of their marriage.
This recent ruling was made while deciding a case where a couple had been living separately for 25 years following a four-year marriage.
The Facts of the Matter
The Supreme Court of India has sent shockwaves throughout the country with a groundbreaking verdict, granting couples the freedom to divorce without waiting for six months! This decision comes as a huge relief for those who are tired of being stuck in unhappy marriages.
“Irretrievable breakdown” Now a Ground for Divorce
The verdict was given by a five-judge Constitution Bench, led by Justice S K Kaul, who ruled that it would not violate the principles of public policy to allow couples to dissolve their marriages on the grounds of “irretrievable breakdown.” This means that couples no longer have to wait for months before they can file for divorce.
6 Months Wait Period Can be Waived Off
The court also stated that it had the power to waive the six-month waiting period if certain conditions were met. The decision was made just days after a two-judge bench declared that irretrievable breakdown of a marriage can be considered cruelty under the Hindu Marriage Act and can be used as a ground for divorce.
Court Gives Couple Option to Bypass Waiting Period
According to the court, a marriage that has irretrievably broken down spells cruelty to both parties, as each person is treating the other with cruelty. Therefore, it is a ground for dissolution of marriage under Section 13 (1) (ia) of the Act.
Under Section 13B of the Hindu Marriage Act, couples seeking divorce by mutual consent have to wait between 6 to 18 months to obtain a divorce decree. However, the court has now given couples the option to bypass this waiting period and approach the Supreme Court for a quicker resolution.
Ruling a Blow to Archaic System
This ruling is a huge blow to the archaic system that forces couples to remain in unhappy marriages for months on end, leaving them in a state of misery and torment. It is also in the best interest of all parties involved to give legality, in the form of formal divorce, to a dead marriage. Otherwise, litigation, suffering, misery, and torment will continue.
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